The Hindu Marriage Act of 1955 governs marriages and divorces among Hindus in India, and it recognizes adultery as a legal basis for seeking divorce.
According to Section 13(1)(i) of the Hindu Marriage Act, a spouse can file for divorce if the other party has engaged in adultery. The provision states that a marriage can be dissolved on the grounds that the respondent (the party against whom the divorce is sought) has, after the solemnization of the marriage, voluntarily had sexual intercourse with any person other than their spouse. It is important to note that only the aggrieved spouse can file for divorce on the grounds of adultery.
However, it’s worth mentioning that in order to prove adultery as a valid ground for divorce, the aggrieved spouse needs to provide sufficient evidence to support their claim. This may include providing proof of a sexual relationship between the respondent and another person. Evidence can be in the form of photographs, videos, eyewitness testimonies, or any other legally admissible proof.
It’s important to note that laws may vary in different jurisdictions and the interpretation and application of these laws can also differ. So, it’s advisable to consult with a legal professional or refer to the specific provisions of the Hindu Marriage Act applicable in your jurisdiction for accurate and up-to-date information.